liberal criminal theory essays for andreas von hirsch

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Liberal Criminal Theory

Author : A P Simester
ISBN : 9781782254553
Genre : Law
File Size : 58. 6 MB
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This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

Incivilities

Author : A P Simester
ISBN : 9781847312839
Genre : Law
File Size : 50. 90 MB
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Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.

Simester And Sullivan S Criminal Law

Author : A P Simester
ISBN : 9781509912032
Genre : Law
File Size : 27. 50 MB
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This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark, and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. The sixth edition is comprehensively updated throughout to set out and analyse all key development in the field with the work's trademark clarity and critical rigour. Review of the Fifth Edition 'undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart BL, Criminal Law Review.

Criminal Law And The Authority Of The State

Author : Antje du Bois-Pedain
ISBN : 9781509905140
Genre : Law
File Size : 22. 42 MB
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How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

Secure Lives

Author : Annie Bartlett
ISBN : 9780199640928
Genre : Forensic psychiatry
File Size : 65. 73 MB
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Though institutional care for people suffering from mental illness was phased out in the last century, mentally disordered offenders remain the exception to this rule. The numbers detained in medium secure care have increased and new initiatives in high secure care have created specialist facilities for individuals thought to be particularly dangerous to other people. This means that the nature of institutional life, and in particular the balance between continuing detention for its own sake and care and treatment designed to allow for discharge to a more normal life in the community, should continue to pre-occupy us. Secure Lives is a unique study of life in a high security hospital, based on original research material obtained in the mid 1990s. Compelling personal accounts from staff and patients, as well as case study material, illustrate the complex culture of a high security hospital. The book explores the complex relationship that exists between staff and patients, the social hierarchy, and life amongst potentially dangerous and mentally ill individuals. Though there are many texts on forensic psychiatry in practice, this book provides a first-hand account of life in an environment never seen by those outside its walls.

Crime Punishment And Responsibility

Author : Rowan Cruft
ISBN : 9780199592814
Genre : Law
File Size : 27. 29 MB
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For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Power And Principle

Author : Rudolph Christopher
ISBN : 9781501708411
Genre : Political Science
File Size : 21. 47 MB
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On August 21, 2013, chemical weapons were unleashed on the civilian population in Syria, killing another 1,400 people in a civil war that had already claimed the lives of more than 140,000. As is all too often the case, the innocent found themselves victims of a violent struggle for political power. Such events are why human rights activists have long pressed for institutions such as the International Criminal Court (ICC) to investigate and prosecute some of the world's most severe crimes: genocide, war crimes, and crimes against humanity. While proponents extol the creation of the ICC as a transformative victory for principles of international humanitarian law, critics have often characterized it as either irrelevant or dangerous in a world dominated by power politics. Christopher Rudolph argues in Power and Principle that both perspectives are extreme. In contrast to prevailing scholarship, he shows how the interplay between power politics and international humanitarian law have shaped the institutional development of international criminal courts from Nuremberg to the ICC. Rudolph identifies the factors that drove the creation of international criminal courts, explains the politics behind their institutional design, and investigates the behavior of the ICC. Through the development and empirical testing of several theoretical frameworks, Power and Principle helps us better understand the factors that resulted in the emergence of international criminal courts and helps us determine the broader implications of their presence in society.

Made Men

Author : Antonio Nicaso
ISBN : 9781442222274
Genre : Social Science
File Size : 55. 27 MB
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The novel The Godfather (1969) and the movie of the same name (1972) entrenched the myth of the Mafiosi as valiant knights, men of honor, and defenders of the traditional concept of family. As a result of this movie and other popular portrayals, the image of mobsters as “men of honor and tradition” has become iconic throughout America. Yet the truth of the matter belies this more noble image. The Mafia is a ruthless organization. Their concept of family is a twisted one. But viewed through the lens of popular culture, it is often difficult to separate the fiction from the reality. Made Men demystifies this image by dismantling the code of honor that Mafiosi live by, including its attendant symbols, rituals, and the lifestyle that it demands. Since the end of World War II, the Mafia in Italy and America has undergone major changes, which are charted by the authors through the present day. Nicaso and Danesi also consider all kinds of related organizations, not only the Italian ones, including the Yakuza, the Triads, and the Russian Mafia. The authors look at organized criminal culture in general, attempting to explain why its symbols, rituals, and practices continue to draw people in, both as literal members, or as consumers of the pop culture that glorifies them. This story traces and decodes the origins, history and success of the mafia in the U.S., bringing a better, and more accurate understanding of this ultimately brutal, violent, and corrupting “family business.” It is a story that has rarely been told in this way, but which is believed, nonetheless, important to tell.

Penal Censure

Author : Antje Du Bois-Pedain
ISBN : 1509919783
Genre : LAW
File Size : 43. 46 MB
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The exploration of penal censure in this book is inspired by the fortieth anniversary in 2016 of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within von Hirsch's theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological-anthropological and individual-psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.

Harm To Others

Author : Joel Feinberg
ISBN : 9780199878574
Genre : Philosophy
File Size : 48. 47 MB
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This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

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